University of Baltimore Law Forum


When adopting its version of the Uniform Trust Code (the "UTC"), Maryland

made two modifications to the UTC that potentially reduced the ability of trust

beneficiaries to enforce their rights. First, the Maryland Trust Act ("MTA")

did not include the UTC requirement that a trustee shall keep beneficiaries

reasonably informed about the administration of the trust and of material facts

necessary to protect their interests regardless of whether the beneficiary

requests such information. Second, Maryland added to the “virtual

representation” provisions of the MTA that a settlor can designate a

representative regardless of the beneficiary's age or capacity to receive notice

and provide consent on behalf of the beneficiary. These provisions taken

together could significantly impair a beneficiary's ability to enforce a trust.

This article examines the implications of this shift away from a well-informed

beneficiary including whether it defeats the purpose of a trust, accomplishes

its stated goal, and whether these sections successfully abrogate the common




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